Sec. 48.
(1) If the department orders the owner or operator of a mobile home park or seasonal mobile home park to correct a violation of this act or rules promulgated under this act that imminently threatens the health or safety of the residents of the park or the public and the owner or operator fails to comply with the order, the department or the local government may bring an action to enforce the applicable regulations and to abate or enjoin the violation.
(2) If the violation is not corrected and imminently threatens the health or safety of the residents of the mobile home park or seasonal mobile home park or the public, the department or the local government may file a motion for a preliminary injunction or other temporary relief appropriate to remove the threat while the action is pending.
(3) The department or the local government shall serve a copy of the complaint and a summons on each owner and lienholder of record, and any operator, of the mobile home park or seasonal mobile home park that can be identified by the department or the local government with the exercise of reasonable diligence. The local government shall also file a notice of the action with the register of deeds for the county where the park is located.
(4) The court shall make orders and determinations consistent with the objectives of this act. The court may enjoin the maintenance of an unsafe, unhealthy, or unsanitary condition, or a violation of the applicable regulations, and may order the defendant to perform maintenance and repairs or make other corrections including removal of a building or structure necessary to abate the condition. The court may authorize the department or the local government to perform maintenance or repairs or to remove a building or structure owned or operated by the owner or operator of the mobile home park or seasonal mobile home park. However, the court shall not authorize removal of a building or structure unless the cost of repair of the building or structure will be greater than the state equalized value of the building or structure.
(5) If the expense of maintenance, repair, or removal is not provided for by financial assurance under section 16(2)(b) or otherwise provided for, the court may enter an order approving the expense and place a lien on the real property for the payment of the expense. The order may establish the lien as a senior lien, except as to tax and assessment liens, and except as to a mortgage of first priority recorded prior to all other liens of record. The order may also specify the time and manner for foreclosure of the lien if the lien is not satisfied. To perfect the lien, a copy of the order shall be filed with the register of deeds for the county where the mobile home park or seasonal mobile home park is located within 10 days after entry of the order.
History: 1987, Act 96, Imd. Eff. July 6, 1987 ;-- Am. 2015, Act 40, Eff. Sept. 1, 2015 Compiler's Notes: Section 48 of 1987 PA 96 provided: "Subject to section 49, Act No. 419 of the Public Acts of 1976, being sections 125.1101 to 125.1147 of the Michigan Compiled Laws, is repealed."
Structure Michigan Compiled Laws
Chapter 125 - Planning, Housing, and Zoning
Act 96 of 1987 - The Mobile Home Commission Act (125.2301 - 125.2350)
Section 125.2301 - Short Title.
Section 125.2302 - Definitions.
Section 125.2304 - Powers of Commission; Duties of Director; Prohibition; Exception.
Section 125.2305 - Mobile Home Code; Promulgation; Rules.
Section 125.2308 - Exemptions.
Section 125.2310 - Reproducing Documents Requested as Public Record.
Section 125.2313 - Construction Permit Required.
Section 125.2316a - Occupancy of Mobile Home in Seasonal Mobile Home Park.
Section 125.2322 - Mobile Home Dealer; Surety Bond; Deposit; Rules.
Section 125.2323 - Mobile Home Dealer; Accounts and Other Records.
Section 125.2324 - Mobile Home Dealer; Prohibited Conduct.
Section 125.2325 - Installation and Setup of Mobile Home; Rules; Licensing Requirements.
Section 125.2327 - Mobile Home, Mobile Home Site, or Equipment; Fraudulent Practices.
Section 125.2328b - Children and Pets; Enforcement of Rules.
Section 125.2328c - Action to Terminate Tenancy; Liquidated Damages.
Section 125.2329 - Shutoff of Utility Service for Nonpayment; Notice.
Section 125.2330 - Mobile Home Subject to Certificate of Title Provisions.
Section 125.2330i - Affixation of Mobile Home to Real Property; Ownership Interest.
Section 125.2331 - Action to Rescind Transaction and Recover Damages.
Section 125.2332 - Certain Conditions, Stipulations, or Provisions Voided.
Section 125.2333 - Statute of Limitations; Rejection of Valid Rescission as Bar to Action.
Section 125.2335 - Service of Process.
Section 125.2337 - Administrative Proceedings; Notice; Response; Assurance of Discontinuance.
Section 125.2340 - Effect of Appeal.
Section 125.2341 - Injunction.
Section 125.2342 - Violation as Misdemeanor; Penalty.
Section 125.2343a - Summary Suspension of License.
Section 125.2344 - Remedies Not Mutually Exclusive.
Section 125.2345 - Other Prosecution and Enforcement Not Prohibited.
Section 125.2349 - Legislative Intent and Declarations.
Section 125.2350 - Availability of List of Powers and Duties of State or Local Governmental Entity.